Theodore Brantley

February 12, 1851 (age 71)

After receiving his degree of bachelor of laws from the Cumberland University in 1880, Theodore Brantley practised law for the next three years, and then became professor of ancient languages in Lincoln University, Lincoln, Illinois. In 1887 he accepted a similar position at the College of Montana, Deer Lodge, Montana, which he relinquished after two years to resume the practise of law. In 1893 the Republican party drafted him as candidate for judge in a district overwhelmingly Democratic, and he was elected. In 1898 he was elected chief justice of the state supreme court, and was reelected in 1904, 1910, and 1916. He came into office when the Constitution was new, and most of its provisions had not yet been interpreted. The mining interest which dominated the politics of the state had written it, and they held that the legislature had only delegated powers. A farmer and labor movement directed against this control was arising. The whole of Brantley's tenure was one of political agitation, and out of his court decisions came a reformed constitution and a new system of law. In 1909 the court held: "No Act of the legislature will be declared invalid as repugnant to the fundamental law except in the clearest cases". While the constitution definitely restricted the taxation of mines as such, Brantley's opinion left the way open for heavy taxes upon their proceeds. It also paved the way to approval of a long line of social legislation. When Brantley came to the supreme bench water and irrigation rights were vaguely defined. Common law practise was generally acknowledged in principle, but there were laws reflecting the California and Colorado codes. In a country of little rainfall the right to use the water in streams creates the value of real estate. It was the work of the courts to define these rights and the important decisions numbered more than a hundred. Brantley's early decisions prepared the way for the great decision in 1921 that the common law doctrine of riparian rights does not prevail, but that water rights depend upon prior appropriation for beneficial use. This decision was essential to the agricultural development of the state. In 1914 the constitutionality of the initiative and referendum amendment was attacked on technical grounds. The court held that in view of the overwhelming majority in favor of the amendment the irregularities if corrected would not change the decision of the people, and brushed them all aside. At his death all were willing to acknowledge the new order in Montana which had been so largely the result of his work.

Theodore Brantley

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judge law

Background

Theodore Brantley was born on February 12, 1851 in Wilson County, Tennessee. He was the son of Eliza (Brown) Brantley and Edwin T. Brantley, a Presbyterian minister.

Education

In 1870 Theodore Brantley entered Stewart College (now Southwestern-Presbyterian University) at Clarksville, Tennessee, where he graduated in 1874. He then began the study of law while teaching, and from time to time attended sessions of Cumberland University at Lebanon, Tennessee, which awarded him the degree of bachelor of laws in 1880.

Career

After receiving his degree of bachelor of laws from the Cumberland University in 1880, Theodore Brantley practised law for the next three years, and then became professor of ancient languages in Lincoln University, Lincoln, Illinois. In 1887 he accepted a similar position at the College of Montana, Deer Lodge, Montana, which he relinquished after two years to resume the practise of law.

In 1893 the Republican party drafted him as candidate for judge in a district overwhelmingly Democratic, and he was elected. In 1898 he was elected chief justice of the state supreme court, and was reelected in 1904, 1910, and 1916. He came into office when the Constitution was new, and most of its provisions had not yet been interpreted. The mining interest which dominated the politics of the state had written it, and they held that the legislature had only delegated powers. A farmer and labor movement directed against this control was arising. The whole of Brantley's tenure was one of political agitation, and out of his court decisions came a reformed constitution and a new system of law.

In 1909 the court held: "No Act of the legislature will be declared invalid as repugnant to the fundamental law except in the clearest cases". While the constitution definitely restricted the taxation of mines as such, Brantley's opinion left the way open for heavy taxes upon their proceeds. It also paved the way to approval of a long line of social legislation. When Brantley came to the supreme bench water and irrigation rights were vaguely defined. Common law practise was generally acknowledged in principle, but there were laws reflecting the California and Colorado codes. In a country of little rainfall the right to use the water in streams creates the value of real estate. It was the work of the courts to define these rights and the important decisions numbered more than a hundred.

Brantley's early decisions prepared the way for the great decision in 1921 that the common law doctrine of riparian rights does not prevail, but that water rights depend upon prior appropriation for beneficial use. This decision was essential to the agricultural development of the state.

In 1914 the constitutionality of the initiative and referendum amendment was attacked on technical grounds. The court held that in view of the overwhelming majority in favor of the amendment the irregularities if corrected would not change the decision of the people, and brushed them all aside.

At his death all were willing to acknowledge the new order in Montana which had been so largely the result of his work.

Achievements

Theodore Brantley was elected chief justice of the Montana state supreme court for the first time in 1898, and after that he was reelected three more times in 1904, 1910, and 1916. His service resulted in initiation of a reformed constitution and a new system of law, which came out of his court decisions and spoke for the mining interest which dominated the politics of the state at that time. Another greatest Brantley's decision he made in 1921 dealt with water rights depended upon prior appropriation for beneficial use in Montana and was crucial for the agricultural development of the state.

Religion

Brantley grew up in Presbyterian family where his father was a Presbyterian minister.

Politics

Brantley was elected by the Republican party as a candidate for judge in a district of Montana in 1893.

Views

In spite of his philosophical view of the law and his interpretations influenced by ideals of economic and social development, Brantley preserved throughout his career the admiration of both liberals and conservatives. All had confidence in his fairness and ability, and his most startling opinions were received with respect.

When an attack was made on the primary law in 1900, Brantley supported the law on the ground that the constitution stated that "all political power is vested in and derived from the people".

Connections

On June 9, 1891, Theodore Brantley was married to Lois Reat and they had 3 children - Theodore Lee, Lois Brown, and Neill Duncan Brantly.

Father:: Edwin T. Brantley
Mother:: Eliza (Brown) Brantley
Wife:: Lois Reat
Daughter:: Lois Brown (Brantley) Hazelbaker
Son:: Theodore Lee Brantly
Son:: Neill Duncan Brantly

References

The Best Moving Pictures of 1922-23: Also Who's Who in the Movies and the Yearbook of the American Screen (Classic Reprint)

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Theodore Brantley

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